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Standards for filing overdue credit card cases

Legal analysis: Only if the overdue time is too long to constitute the crime of credit card fraud, a case will be filed. Generally, overdue credit cards do not involve criminal acts. The criteria for registering the crime of credit card fraud: Malicious overdraft of more than 10,000 yuan on a credit card and failure to repay it after three months after two bank collections.

Legal basis: "Notice of the Supreme People's Procuratorate and the Ministry of Public Security on the Issuance of Article 54: Anyone who engages in credit card fraud activities and is suspected of one of the following circumstances shall file a case for prosecution:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an expired credit card, or falsely using another person’s credit card to conduct fraudulent activities, with the amount exceeding 5,000 yuan;

< p> (2) Malicious overdraft, amounting to more than 10,000 yuan.

The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .

If there is a malicious overdraft, the amount is more than 10,000 yuan but less than 100,000 yuan, and all the overdraft interest has been repaid before the public security organ files the case, and if the circumstances are obviously minor, criminal liability may not be pursued according to law.